[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 10-11-1994 by Ord.
No. 94-10-460. Other amendments noted where applicable.]
The Borough of Pine Beach Environmental Commission is hereby
established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A.
40:56A-1 to 40:56A-12), as amended by Chapter 35, P.L. 1972.
A Commission shall consist of five members appointed by the
Mayor, one of whom shall also be a member of the Planning Board and
all of whom shall be residents of the Borough of Pine Beach; the members
shall serve without compensation except as hereinafter provided. The
Mayor shall designate one of the members to serve as Chairman and
presiding officer of the Commission. The terms of the office of the
first Commissioners shall be for one, two, or three years, to be designated
by the Mayor in making his/her appointments, and their successors
shall be appointed for terms of three years and until the appointment
and qualification of their successors. The first members of the Commission
shall be appointed for the following terms:
One member for the one-year term expiring December
31, 1995.
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Two members for the two-year term expiring December
31, 1996.
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Two members for the three-year term expiring December
31, 1997.
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The Mayor or governing body may remove any member of the Commission
for cause, on written charges served upon the member and after a hearing
thereon at which the member shall be entitled to be heard in person
or by counsel. A vacancy on the Commission occurring otherwise than
expiration of a term shall be filled for the unexpired term in the
same manner as an original appointment.
The governing body may appoint not more than two alternate members,
to be designated "Alternate No. 1" and "Alternate No. 2".
The terms of the alternate members shall be for two years, except
that the terms of the alternate members first appointment shall be
two years for Alternate No. 1 and one year for Alternate No. 2. A
vacancy occurring otherwise than by expiration of term shall be filled
by the appointing authority for the unexpired term only.
An alternate member shall not be permitted to act on any matter
in which he/she has either directly or indirectly any personal or
financial interest. An alternate member may, after public hearing
if he or she requests one, be removed by the governing body for cause.
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote first.
The Commission is established for the protection, development
or use of natural resources, including surface water resources, located
within territorial limits of the Borough of Pine Beach. The Commission
shall have power to conduct research into the use and possible use
of the open land areas of the municipality and may coordinate the
activities of unofficial bodies organized for similar purposes, and
may advertise, prepare, print, and distribute books, maps, charts,
plans and pamphlets which in its judgment it deems necessary for its
purposes. It shall keep an index of all open areas, publicly or privately
owned, including open marshland, swamps and other wetlands, in order
to obtain information on the proper use of such areas and may from
time to time recommend to the Planning Board plans and programs for
inclusion in the Master Plan and the development and use of such areas.
The Environmental Commission may, subject to the approval of
the governing body, acquire property, both real and personal, in the
name of the municipality by gift, purchase, grant, bequest, devise
or lease for any of its purposes and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development
right, easement (including conservation easement), covenant or other
contractual right (including a conveyance on conditions or with limitations
or reversions), as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open spaces and other land and water areas in the municipality.
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the governing body.
The Commission may appoint such clerks and other employees and
incur such expenses as it may from time to time require, providing
the same shall be within the limits of funds appropriated to it by
the governing body or otherwise available to it.
The Environmental Commission shall have power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.